LIVE UPDATES From SC [Can Persons Holding Public Office Comment On Crimes ?]
LIVELAW NEWS NETWORK
14 Nov 2019 4:42 AM GMT
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Live Updates
- 14 Nov 2019 6:54 AM GMT
We look at the pith and substance for 19(1)(a) and 21. Law is required.
J. Mishra - Due process of law doesn’t mean that there has to be a law.
AG - Take 21 alone. Kharak Singh says that you can’t curtail freedom of movement. There has to be a statutory law.
J. Mishra - It’s not dependant on statutory law alone. It’s an independent right. Due process of law is an additional facet. A reasonable process. It doesn’t mean that there has to be an enacted law.
- 14 Nov 2019 6:38 AM GMT
AG - Whether he is functioning in the realm of public law or private. If he speaks on policy issues, there is a collective responsibility and then the State is involved. He would be covered by the civil law or the criminal. If such a statement is made, the remedy will not be against the State, but against the Minister himself.